Expropriated Huron Church Road homeowner still fighting government

A former homeowner in the 3400 block of Huron Church Road remains deadlocked in a battle with the Ontario’s transportation ministry to get fair compensation after being expropriated to make room for the $1.4-billion Windsor-Essex Parkway.

Mohammad Khan owned his home near the intersection of Huron Church and Todd Lane. He was forced to move in August, 2010 as demolition and construction for the new border feeder highway got underway.

But he remains one of the last property owners who have yet to reach a financial agreement — with a hefty difference of over $500,000 between the two sides.

Khan is rolling up expenses in a legal fight to get what he believes to be fair appraised value of about $800,000. But the real estate arm of the transportation ministry has so far only countered with offers of less than $300,000.

“I feel helpless,” he said on Wednesday. “If I put it up for sale I would get fair market value. This is an appraised price. It’s not a ballooned price, but very modest.

“It feels like a lawless situation where there is no respect for people’s property.”

An Ontario Municipal Board (OMB) mediation session was held last week, but proved fruitless. Next up for Khan is a full OMB hearing scheduled for three days starting on May 8.

“You’ve got to look at the expropriation date and our property was appraised by experts,” he said. “It’s very frustrating. I’m facing the government. It just seems they are in such a big ripoff mode.”

Khan’s stance has been backed by two prominent figures in property expropriation issues related to the parkway. He retained Ray Bower Appraisals Inc. to do an appraisal — a firm used by many homeowners affected by the parkway.

He determined on the valuation date of Aug. 18, 2010, Khan’s 1.3-acre property was valued at $747,500 if the land was vacant and $807,500 when his home was included, according to the briefing prepared for Khan’s OMB proceedings.

Bower’s findings indicated the value was tied to the prime commercial value of the land — with frontage of 161 feet and 400 feet depth — citing its full servicing, plus close proximity to the former Best Western hotel, Fred’s Farm Fresh and Tim Horton’s across the street.

There are 45,000 vehicles which pass the property each day, the appraisal report noted.

Khan also retained Karl Tanner of Dillon Consulting to take a look at the value and he completed two reports — one in Sept, 2010 and another on March 16 — which both confirmed the property’s commercial possibilities must be taken into consideration and essentially supported Bower’s findings on value.

But transportation ministry officials have so far indicated they believe the value to be far closer to the original $250,000 Khan paid for his home when he bought it in 2001, he said.

Ministry officials Wednesday cited to “privacy reasons” as to why they would not discuss specific details regarding Khan’s dispute.

“To ensure that owners received fair compensation, the ministry used independent accredited appraisers and experts to arrive at market value,” said Garfield Dales, project delivery manager for the transportation ministry. “Home and property owners were dealt with in a fair and consistent way.”

In assembling property for the parkway, the ministry fully complied with the Expropriations Act legislation, he said.

“We respect the rights of individual property owners under this legislation and will continue to comply with all requirements and participate in any processes required by the OMB,” Dales said.

Meanwhile, Khan says he has been living with his family in a rental home in the 400 block of Campbell Avenue since being expropriated, waiting for the resolution of his legal fight.

He is also seeking about $80,000 in damages and legal fees for his expenses incurred during the fight. He has already received $211,000 from the ministry on the day he left his former Huron Church home — which his lawyers recommended he take without prejudice on the outcome of his fight.

Khan says his life has been in a state of flux since roughly 2005 when talk first began about the border feeder highway turned serious and there were strong indications his home would need to go to make room for the road.

“My property was always a part of this,” he said. “I just want fair compensation, but I’m kept on hold.

“I have appraisers and lawyers. How can you have a difference of up to 80 per cent? Maybe five or 10 per cent, but not this much.”

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